Legal Question in Criminal Law in India
A false FIR has been registered by the Police against me u/s 420, 467,468, 120(B).
I was not present in the Company when the alleged act of fraud took place. I have got a re-enquiry marked through Police Commissioner by submitting the relevant documents clearly establishing my innocense.
Can the Police Commissioner clear my Name from the FIR?
What should i do if the enquiry is in my favor?
4 Answers from Attorneys
as replied earlier, alibi is a good defense. wait for the report of re investigation as you have submitted your papers substantiating your alibi. in case your name is still not deleted from the array of accused, you may seek the bail and face the trial.
as the FIR has also been lodged under criminal conspiracy, one has to go through the contents of the FIR so as to conclusively opine whether the defense of Alibi would be able to help you out or not. your role from the angle of conspiracy needs to be viewed and for conspiracy, it is not mandatory that every accused shall be present at the place of crime. conspiracy can be hatched even in abroad to commit an offence in India.
If the matter is still at investigation stage, the police is required to file a truth report before the Court and if you are not involved, your name should not be included in the list of accused persons.
Police may give you clean cheat or they may also add you as an accused as per the material available.
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